"At the time of the General Revolt therefore one must count on large parts of the Communist Bands joining DM.
"4.) Relations to the Occupying Powers.
"Germany is considered to be the main adversary. Her occupation troops must as the occupiers be destroyed. In order to avoid measures of reprisal against the Serbian population DM however always warns against premature single operations.
"The Serbian Government beaded by General Nedic is considered a traitor towards the Serbian people. The removal of this Government is therefore one of the first demands.
"The Italian Forces of Occupation either tolerate the DMMovement or even support it. Often Cetnik-Units employed by the Italians for combatting Communists.
"The Bulgarian Troops of Occupation are also considered to be "Occupiers". In an increasing measure the attempt is becoming apparent to destroy their morale by a planned inflammatory propaganda."
We now come to the most important part of this report on the DM Movement on page 169 of the English, page 127 of the German, the portion of the report which deals with military organization. Again Your Honors' attention is called to the report dated February 1, 1943.
"Overall Organization of the armed DM-Units.
"Within the DM-Movement there are armed units organized militarily (see Enclosure 3) which form the Jugoslavian Home Army".
This has at present a strength of about 150,000 men in the entire Jugoslavian Area and is composed as follows:
"a) High Command of the Jugoslav Home Army
b) Higher Commanders of Insurgents.
c) Corps of Insurgents.
d) Brigades of Insurgents.
e) Mobile Brigades.
f) Other Units.
To a) DM being the Chief of the High Command of the Jugoslav Home Army is the Commander-in-Chief of the Jugoslav Home Army. He has unlimited authority over all armed units of the Movement, appoints all Commanders and is the supreme Judiciary. He orders the establishing of new units and negotiates with foreign countries. He gives the signal for the "General Revolt".
"The High Command of the Jugoslav Army is composed of:" --I think here we need only point out the following:
"Operations Department Adjutant's Office Administration Department Chief Propaganda Department Signal Officer Liaison Staff of the British Army Bodyguard of DM Organization Staff Serbia:
Sphere of Work: Competent for all military and political matters (sabotage included) in the oldSerbia area.
to b) The "Higher Commanders of Insurgents" being "Commanders" of "Regions" have military functions.
"All armed units and military installations belonging to them which are in their region are subordinated to them.
"Their authority is in general small. All political and military measures in their area must be approved by the Commanderin-Chief.
to c) The largest military units of the DM-Movement are the Corps of Insurgents (see enclosure5). They are designated as a rule by the name of the range of mountains where they are located. Each Corps is composed of the Staff and 3-8 Brigades.
to d) The Brigade of Insurgents is the real combat unit. It is composed of 3 companies, of which only two are regularly organized and armed. The third appears to serve as a reserve unit. to e) The Mobile Brigades are mobile units which are directly subordinated to the Higher Commanders of Insurgents. They are composed in general of 2 Battalions each having a strength of 500 to 1000 men and when employed are subordinated to a corps, to f) In a few regions according to the situation temporary smaller units having a strength of 100 to 5000 men are formed, and are not listed in the Overall Organization".
Then follows a portion of the report which deals with Armament and Equipment of the DM organization.' The report states, page 172 of the English, page 130 of the German, that the Armament and Equipment DM movement is continually supplemented by, "a) Arms of the former Jugoslav Army.
b) Arms of the Italian Army of Occupation.
c) Arms dropped by British airplanes.
d) Arms captured."
I think we need only point out a few of the remaining sections in this very complete German report on the DM Movement. Section 3, dealing with Commanders and Confidential Agents, Section 4, dealing with Signal Communications.
Your Honors will note on page 173 of the English, and page 131 of the German:
"The following means of signal communications are in use:
Radio Couriers Enemy (British) Broadcasting.
"Up until now 14 working Radio transmitting stations have been ascertained which are in direct connection with star traffic with the main office of the High Command in Montenegro. In the future every regional Commander is to have his radio transmitting station.
"In many cases British soldiers are employed as personnel for the transmitting apparatus. Supplementary supplies of radio installations and new supplies of radio apparatus and personnel are effected nearly exclusively by supplies - dropped by British planes.
"Couriers are employed for the transmission of important orders and to send money. Up to now courier connections were ascertained to:
"Cairo Ankara Greece Bulgaria".Roumania, Poland, Switzerland, and on to London.
Section 5 deals with supplies, 6 with propaganda, 7 with sabotage and espionage.
I should like to direct your Honors' attention to the next portion of the report, beginning on page 176 of the English, 134 of the German:
D) "The General Revolt" By the General Revolt the occupying powers are to be chased away, the present governments overthrown and the new Jugoslavia established.
The order for the General Revolt will be given by the leader Draza Mihajlovic. He alone after having taken into consideration the situation determines the right time. The signal will be given by radio to all the Higher Commanders of Insurgents.
Strengths and Units At the beginning of the General Revolt the following approximate strengths may be presumed in the entire territory of the former Jugoslav area:
a) Serbia 318 000 men
b) Croatia 35 000 men
c) Montenegro 30 000 men these will be presumably joined by Elements of the Pecanac-Cetnik-Units *) 5 000 men Elements of the Serbian State Guards **) 16 000 men Elements of the Ljotic Movement ***) 3 000 men Elements of the Communist Bands in all regions 40 000 men Elements of smaller minorities (Poles, Czechs, Mohammedans) 10 000 men Total Strength 457 000 men Of these about 250,000 men will be armed with rifles."
Your Honors will note on page 177 of the English, and 135 of the German, the various units listed. You will notice a total altogether of 56 Brigades.
On page 178 of the English and 136 of the German, is a list of operational units of the Draja Mihailovic movement known up until now which is 1 February 1943.
On page 179 of the English, of the German, the total units available, giving one division 27 corps, with 15 brigades:
"When the order "General Revolt" is issued all units will assemble in their mobilization areas.
Final Conclusions By the creation of the DM-Movement an organization has been formed which based on the fanatic will of every individual may gain as revolutionary movement a considerable political and military importance in critical situations in the Balkans.
The combatants' excellent knowledge of the country and the positive attitude of the majority of the Serbian population favor the movement.
The fighting value of the DM-Movement does not correspond to that of a modern unit. The reason for this lies in their insufficient leadership, armament and equipment.
The leaders are young and have little military training. They have no experience in the command of large units.
The armament is insufficient except for rifles. Heavy infantry weapons and artillery exist only in small numbers, anti-tank weapons and anti-aircraft are almost completely lacking.
In its present composition the DM-Movement is inferior to the occupying powers if the latter employ sufficient forces.
In order to suppress successfully a revolt started suddenly and at the right moment supplementary forces in addition to the present occupation forces will be necessary."
Then follows a list of the units of the Draja Mihailovic organization which were known to the Germans as of 1 February 1943, and the various areas of the occupied territories in which those units were operating.
Your Honors will note that there is a total of 75 individual brigades listed on page 182 of the English, 140 of the German, the Commanders and Confidential Agents of the DM-Movement, The Co-Workers in the Staff of DM, the Liaison men of the DM-Movement in Foreign Countries, and finally the Liaison men of the DM-Movement in the Serbian Government.
Turning next to page 184 in the English Document Book, page 142 in the German Document Book, NOKW 1757, it is offered as Prosecution 540. These are various situation reports from the Commanding General, Commander in Serbia, to the Armed Forces Commander Southeast during the month of March, 1943. Your Honors will recall that during that period the Commanding General and Commander in Serbia was General Bader, whose Chief of Staff was the defendant Geitner, Commander-in-Chief Southeast Loehr, who was then simultaneously commander of Army Group E.
The first report is dated 1 March 1943. Headquarters, Commanding General, Commander in Serbia. It is a situation report from the period 21 February, 28 February, 1943. The report is sent to the Commander-inChief, Southeast, High Command Army Group E:
"I. Political Situation The mood of the broad masses of the population is depressed, expectant.
The Goebbels speech and the proclamation of the Fuehrer have had favorable repercussions for us, from a fear that after the collapse of Germany the Balkans would be inundated by Bolshevism. In the Nedic government a certain crisis-mood is again to be perceived as its hopes for an increase of independence, especially with regard to its own executive have so far not been fulfilled.
II. Enemy Situation The increase of enemy activity which occurred at the end of the last report period has again diminished a little during this report period.
The number of cases of sabotage and surprise attacks fell from 125 to 99. In these the Communists were essentially the main participants."
I call your Honors' attention to the next paragraph, page 185 of the English, 142 of the German:
"The sudden severe reaction of the occupying powers of shooting to death nearly 600 persons as reprisal during the report period, has prevented for the present an increased effect of the appeals for sabotage of Tito and DM. Those bands which are still active are probably not to be influenced however serious the reprisal measures. They can only be destroyed by an offensive battle.
The center of the DM movement lies at present in the Herzegowinian and Bosnian area. In Serbia during the report period only the railway staff of DM tried for the first time to damage rolling stock to a greater extent by building infernal machines along the line NischSkopljc. The supervision measures which were ordered after the intentions became known, proved themselves completely. All attempts except one were discovered in time."
Then follows a report on the sabotage and surprise attacks, and finally the losses from 16 February to 25 February, 1943. Again I call your Honors attention to a comparison of the losses suffered by the occupying forces: 39 dead, 31 wounded, 24 missing.
Losses suffered by the enemy: 291 dead, 12 wounded, 945 taken prisoner and arrested.
Turning next to page 188 of the English, page 144 in the German Document Book, NOKW 1750, which is offered as Prosecutions' Exhibit 541, this is a letter from the Commanding General, Commander in Serbia, dated 3 March 1943, to the President of the Serbian Counsel of Ministers:
"Subject: Reprisal measures.
1.) On 23 February the commander Marenkovic of the rural guard in Krcevac, North of Topola, and the Serbian State Guard man Kikic were murdered there by Communists.
2.) On 28 February Communists attacked the station of Dedina near Krusevac, destroyed the telephone and telegraph lines and wounded nearby guard of the Serbian State Guard by shots.
3.) On 28 February the power center of the Soko mine, Soko Banja district was destroyed by Communists.
Since the perpetrators were not apprehended, I have ordered the shooting of 10 Communists for each of them.
4.) During the night of 27/28 February, the cable-car of Majdan Pek was destroyed in an attack of DM - Chetniks on the intermediary station of Rajkovo.
As retaliation for this sabotage act I have ordered the shooting of 30 DM-followers from the Negotin camp.
Signed: Bader General, Artillery" At this time, March, 1943, the defendant, Geitner, was Chief-ofStaff for General Bader.
Next, on page 189 of the English, and 145 of the German, Document NOKW 1756, is offered as Prosecution's Exhibit 542. These are a series of orders of the Commanding General, Commander in Serbia, to the various area units under his command and jurisdiction.
The first is dated 2 May 1943, to the 610th Administrative subarea Headquarters:
"1.) For the reprisal measures ordered for destructions in the Morava mine on 13 April 1943 prisoners can also be drawn from other districts. Burning of houses does not have to be carried out in this case. In the future only proposals for retaliation are to be presented which, after approval, can be carried out within a reasonable time.
2.) As reprisal measures for the attack on the railway station Dedina and for sawing off telephone poles between Kalanjevci and Zivkovci the communities concerned will be fined in proportion to their competence.
(Signed) Commanding General and Commander in Serbia" Next is a communication from the Commanding General, Commander in Serbia, dated 5 May 1943, to the Senior SS and Police Commander:
"On 4 May 1943 2 tugs on the Danube were fired on 6 km Southeast of Drencova. 1 Captain was seriously wounded and 1 machinist lightly wounded. The guilt of D.M. followers has been established.
In retaliation and to discourage further plots directed against traffic on the Danube 50 D.M. followers from the Homolje area are to be shot immediately.
The draft for a poster concerning the retaliation is to be submitted. Public notice will be issued by this headquarters.
(signature) Bader" I direct your Honors attention to the fact that this order was sent to the Commanding General, Commander in Serbia, and to the Senior SS and Police Commander.
Continuing with the next order, dated 5 May, 1943, Commanding General, Commander in Serbia, to the 809th Administrative Sub-Area Headquarters:
"In retaliation for the murder of the Head of the village on 27 April by Communists, as well as for the murder of the former platoon leader of the village militia, G. Jeschanitza, 10 Communists are to be shot.
Execution is to be reported together with enclosure of a copy of the public notice."
The next is an order dated 6 May 1943 to the 610th Sub-Area Headquarters:
"In retaliation for the attack on the station at Kosevi on 2 May 10 Communists are to be shot.
Execution is to be reported together with inclusion of a copy of the public notice."
Continuing with the daily report of the 7th of May, 1943, bottom of page 191 of the English, page 147 of the German, Daily report of 7 May 1943, sent from the Commanding General Commander in Serbia, to the Commander in Chief Southeast:
Communists: dead 34, of these 27 shot as reprisal, wounded 4, captured 4, arrested 10. D.M. Supporters: 62 dead, of these 50 shot as reprisal, 3 captured, 112 arrested.
Continuing on page 192 of the English, 147 of the German, the daily report of the 8 of May, 1943, from the Commanding General, Commander in Serbia, to Commander-in-Chief Southeast:
"Communists: dead 38 (reprisal shootings) arrested 38; DM followers 17 (reprisal shootings) captured 1, arrested 3."Next an order dated 11 May 1943 to the Commanding General Commander in Serbia, to the 599th Administrative Sub-Area Headquarters:
Subject: Retaliation measures In retaliation for the murder of 4 and the wounding of 5 German soldiers as well as for the killing of 12 Serbian Police in the district of Smederevo on 23 April 1943 a total of 150 Communist reprisal prisoners, if possible from the districts of Mladenovac, Arandjelovac, and Palanka, are to be shot.
The public notice must lay special emphasis on the treacherous and cruel execution of the deed. Also it must be mentioned that the villages in the neighborhood were only saved from being burned because the inhabitants, according to their duty, informed German and Serbian headquarters of the presence of the band.
Execution is to be reported together with enclosure of a copy of the public notice.
Continuing daily report 15 May 1943, sent from the Commanding General Commander in Serbia, to the Commander in Chief Southeast:
"Communists: 34 dead (including 20 shot in reprisal) 11 captured, 6 arrested."
On the bottom of the page 194 of the English, and 149 of the German, from the Commanding General Commander in Serbia, to the 823rd District Headquarters, dated 19 May 1943:
"In retaliation for the murder of the two Custom Officials, Wolf and Gahner, of the Frontier Guard Station at Rebenberg during the night of 12/13 May 1943, 100 Communists are to be shot."
Your Honors will note the ratio there of 50 to 1.
Next, the order from the Commanding General Commander in Serbia, dated 20 May 1943, to the 809th Administrative Sub-area Headquarters:
In retaliation for the Bulgarian soldier murdered while carrying out Railway Security duties, on 1 May 1943 by Communists 8 km South of Leskovac, 50 Communists are to be shot."
There, your Honors, will note the application of a ratio of 50 to 1.
Next on page 196 of the English, page 150 of the German, another order dated 21 May, 1943, Commanding General, Commander in Serbia, to 809th Administrative Sub-Area Headquarters:
"In retaliation for the murder of the Serbian Chief of Police in Leskovac 10 Communists are to be shot."
At the bottom of the page 196 of the English, and 150 of the German, Daily report 25 May 1943, Commanding General, Commander in Serbia, and Commander in Chief, Southeast:
"Communists: 103 dead, including 100 reprisal prisoners, 5 arrested. DM followers: 2 captured, 2 dead.
At Zajecar 25 persons arrested. (As yet not known to whom they belong.)" On page 197 of the English, 151 of the German, is a survey of reprisal measures carried out during the period 1 January, 28 May, 1943:
"Cases avenged by human lives (execution by firing squad) during the period: 80 4 more cases of telephone sabotage are being avenged by monetary fine or extra guard duty."
Then there follows a breakdown of the types of attacks which make up the 80 cases mentioned.
Finally, at the bottom of page 197 of the English, and 152 of the German:
"In retaliation for the 80 attacks and plots, during the period 1 January - 28 May, 1943, 2332 persons were shot, i.e. 1628 Communists, 704 DM followers.
The shooting of 235 Communists and 105 DM followers is ordered but not yet carried out. The total will then be 2672."
Continuing with the daily report of the Commanding General Commander in Serbia, Commander in Chief Southeast, for the 28 May, 1943;
"Communists: 25 dead, including 20 shot in reprisal, 1 wounded, 1 captured, 1 arrested.
DM followers: 1 dead, 23 arrested."
Continuing now on page 200 of the English Document Book, page 153 of the German, Document NOKW 1759, which is offered as Prosecution's Exhibit 543, these are directives of the 118th Jaeger Division for the behavior of troops in operation.
The order is dated Division Staff Headquarters 12 May 1943:
2.) "Prisoners:
Whoever openly participated in combat against the German Wehrmacht and is captured is to be shot to death after interrogation. Deserters and other arrested persons (suspect persons) are to be delivered to the prisoner collecting points. Sufficient guards! Leaders and persons who are able to make important statements are to be presented to the Division (point 1). Prisoners and those arrested should be interrogated briefly. The minutes of the interrogation are to be delivered when the persons are transferred. When the statements are the same, a collective interrogation is sufficient. The interrogations must also contain personal data, place of the arrest or capture. The delivering office is also to be noted down.
3.) Cetniks:
All Cetniks without exception are to be disarmed; if necessary by using force. In compliance with the orders of the Duce, all Cetniks bound by duty to the Italians up until now or under Italian leadership are also to be disarmed, if necessary by force. In case of Intervention of Italian offices against the disarming of Cetniks which is to be carried out ruthlessly all German commanders are to refer to the order of the Duce to disarm Cetniks which is known to all German troops. Non-execution of this order of the Duce is to be designated as treason. All offices are to be informed about this on x - 1 day. Report of execution to the Division on x day. Cetniks who have used arms against German troops are to be treated like Communist bands, otherwise they are to be transferred as prisoners of war to the prisoner collection points.
......
DM followers who are not directly under the leadership of Italian troops are to be considered completely as enemies to which the regulations of point 2 of these instructions are applicable.
......
8.) Attitude toward the population:
The unit has to operate without consideration and with brutal severity against the population which proves hostile and is to take away from the enemy every possibility of existence by destroying abandoned villages and securing existing food supplies. Important water points which are not destroyed because of our own needs and the ****ds of the peaceful population must be guarded. The peaceful population in the occupied area is to be treated kindly and to be employed in the service of the purpose as far as possible. For guide and scouting services rewards in money or kind up to 100 Reichsmark may be offered. The customs of the population and especially religious customs of the Moslems must be taken into consideration. Churches, Mosques, and church yards are never to be used as billets or for horse stables or warehouses. Rooms and their furnishings used for billets are to be treated with consideration and are to be handed over in a proper and clean state."
"Severest measures must be taken from the very beginning against plundering even if it is carried out in a camouflaged form ("requisitioning" "organizing" etc.)
.
. . . . .
11.) The commanders are responsible to me, that these important directions are made known immediately and most clearly to all members of the division and of the 4th Croatian Jaeger Brigade and especially to all Commanders."
Signed: "Kuebler Brigadier General" Commander of the 118th Infantry Division.
We continue now on page 203 of the English, page 155 of the German, Document NOKW 1761, which is offered as Prosecution's Exhibit 544. These are excerpts from the War Diary of the 1st Panzer Division, and your Honors will note at the top of the page 203 of the English, and 155 of the German, the 1st Panzer Division was subordinated from one June 1943 to 16 October 1943 to the Corps Headquarters of the 68th Infantry Corps for Special Employment. Entry in the War Diary for 12 July 1943:
In the night of the 11th to 12th July two members of bands were captured by the 1st Panzer Grenadier Regiment. By negotiations with the civilian population they tried to draw over to their side a Russian voluntary helper who was with the 1st Panzer Grenadier Regiment. According to their statements the bands consist of groups which in part are well equipped, they have radio etc. The 2 partisans wore shot to death in compliance with the Fuehrer's order.
. . . . .
I think we may skip the entry of 20 July 1943 at this time, and continue on page 205 of the English, and 156 of the German.
MR. FENSTERMACHER: The entry of 29 July 1943 in the War Diary of the 1st Panzer Division:
"29 July 43:
"The relief group led by Colonal Neumeister at first reaches Kalandritsa where a Carabineri post was also attached by bandits. The place has been evacuated by the civilian population members of bands could not be captured. As a reprisal measure the place was destroyed by fire. In Erimanthia which was reached at 1300 hours several dead and wounded Italians were found. In other respects, the situation resembles that in Kaladritsa. Erimanthia too is being destroyed. According to statements of an escaped Italian, 25 Italian soldiers are supposed to be in the hands of the bandits. The bands are said to have expressed the intention of killing these prisoners in case any relief group approaches Erimanthia, Therefore, by order of the division several hostages were picked up from the vicinity and later on turned over to the jurisdiction of the Italians. Furthermore all civilians mayors in the neighborhood were told that for every German or Italian soldier killed the severest reprisal measures will be taken against the civilian Greek population."
Continuing with the entry in the War Diary for 22 August 1943 at the bottom of Page 206 in the English, Page 158 in the German:
"In the evening two serious incidents occurred with civilians. An NCO, of the auxiliary anti-aircraft detachment 299 was molested, a corporal of the same detachment was attacked. His bayonet was taken from him. The garrison commander immediately had 10 hostages arrested.
"At the same time he ordered the mayor to find out the actual perpetrators and to hand them over the next day."
Next, the entry for 24 August 1943:
"24 August 43:
"At 1800 hours three of the arrested were shot to death after a partial confession, the others were released.
As the Italians continue to complicate matters, among others things they abrogate orders of the German garrison Commanders to the Greek civilian population, the Division demanded the subordination of the Settere Argolide, Hqs. The request was granted at 2400 hours."
I think we may skip the intervening entries and pick up again on Page 208 of the English, Page 159 of the German, the entry for 5 October 1943. "As the weapons of the German soldiers were attacked near Dimena were not delivered according to the imposed conditions 4 hostages were hanged at 1300 hours in Chiliomedon." Finally, at the bottom of Page 208 in the English, Page 159 in the German, the entry for 9 October 1943: "At 1030 hours the 5th company reached the villages of Charma and Kathara (12 kilometers southeast of Molov) they were destroyed because weapons and ammunition were found there." That, if Your Honors please, completes the reading of the excerpts from the War Diary of the 1st Panzer Division, which, during the period mentioned, was under the command which was subordinate to the Defendant Felmy. We continue now on Page 209 of the English, Page 160 of the German, Document NOKW-1751, which is offered as Prosecution's Exhibit 545. This exhibit consists of extracts from the War Diary of the Commanding General and Commander in Serbia during the month of June, 1943. During that period the Commanding General and Commander in Serbia was General Bader, and his Chief of Staff was the Defendant Geitner. The entry for the 19th of June 1943: "Telephone authorization to Senior SS and Police Leader for the execution 550 hostages for attack on Auxiliary Police Detachment (8 dead, 7 wounded)." And then the entry for the 27th of June 1943: "Commanding Officer of District Headquarters Krusevac reports by telephone that 320 guilty persona are available by the SD from other areas." And the entry in the War Diary for the 28th of June 1943: "Order for execution by shooting of 25 Communists to Administrative Sub-area Headquarters 599 for the German Police Sergeant wounded during an attack Ralja on 24 May 1943."